Terms & Conditions

Introduction

These terms and conditions shall govern your use of our website, FirstLookGames.com, a website operated by First Look Limited.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

If you register with our website, submit any material to our website or use any of our website tools and services, we will ask you to expressly agree to these terms and conditions.

You must be at least 16 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

Copyright notice

Copyright (c) 2018 First Look Limited

Subject to the express provisions of these terms and conditions:

we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence to use the website

You may:

view pages from our website in a web browser;

download pages from our website for caching in a web browser;

print pages from our website;

download data specific to your websites only and where offered

use our website tools and services by means of a web browser, subject to the other provisions of these terms and conditions.

download information and assets made available to you after registration

Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

republish material from our website or emails (including republication on another website);

sell, rent or sub-license material from our website;

show any material from our website in public;

exploit material from our website for a commercial purpose;

or redistribute material from our website, unless expressly permitted by your subscription to First Look Games.

Notwithstanding Section 3.5, you may not redistribute communications from us in print and electronic form to any person unconnected with your business.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

You must not:

use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

access or otherwise interact with our website using any robot, spider or other automated means;

violate the directives set out in the robots.txt file for our website;

or use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Use on behalf of organisation

If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

yourself;

and the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

Website Owner registration and accounts

To be eligible to submit publisher or affiliate websites for participation in First Look Games you must be the domain owner or have permission from the domain (website) owner to do so.

To be eligible to submit a Game Developer subscription request, you must be the business owner or have permission from the business owner to do so.

You will receive an account with our website when you complete a subscription request form and it is accepted for participation in our website tools or services.

You must not allow any other person to use your account to access the website.

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

You must not use any other person’s account to access the website unless you have that person’s express permission to do so.

User login details

If you register for an account with our website, you will be asked to choose a user ID and password.

Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

If you permit access to First Look Games to other individuals in your organisation you warrant that they will be employed or contracted by you or your organisation and that you permit them access to view or change the data you have provided to us within our system. In addition, you warrant that you permit them to view and download data supplied to you by First Look Games in respect of the tools or service you are receiving.

Cancellation and suspension of account

We may:

suspend your account;

cancel your account;

and/or edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any part of First Look Games you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

You may cancel your account by writing to us over email or to our registered address. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

Subscriptions

You will become a subscriber (paid or otherwise) to our website tools and services at the point at which you submit any data to our website in order to receive any of offerings. The contract between us for the supply of the website tools and services shall come into force upon the issue of the submission acknowledgement.

For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

We may from time to time vary the benefits associated with a subscription, (for example when new features are added) providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

For the avoidance of doubt, access to our tools and services without the submission of payment from you to us also constitutes a subscription, subject to the definition in clause 9.1 and the terms and conditions herein are applicable.

Bespoke contracts offered to subscribers are not intended to replace these Terms and such subscribers are still bound by these terms unless otherwise stated in a secondary written contract.

Subscribers who receive reports from our compliance monitoring tools accept that the data provided is intended only to assist you in the process of assessing your, and/or your affiliates’, compliance obligations and should not be regarded as evidence of non-compliant or compliant materials, content or mis-representation of your brands.

The data collected during scans of online content may not always be complete, depending on various factors including but not limited to the content delivery mechanisms of the website being scanned.

Fees

The fees in respect of our website tools and services will be as set out on the website from time to time.

All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

You must pay to us the fees in respect of our website tools and services in advance, in cleared funds, in accordance with any instructions on our website.

We may vary fees from time to time by posting new fees on our website, but this will not affect fees for tools and services that have been previously paid.

If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

an amount equal to the amount of the charge-back;

all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

an administration fee of GBP 25.00 including VAT;

and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of our tools and services to you.

We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

Your content: licence

In these terms and conditions, “your content” means the content of any website(s) you submit for participation in First Look Games, including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files.

You grant to us the right to access this content remotely, both manually and by automated means, in order to collect information about the website and to retrieve and store links, text, data, images, videos, audio material, graphics, audio-visual material, scripts, software and files from any page on your website or that you voluntarily upload to First Look Games as necessary to provide the tools or services.

You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You may edit your content to the extent permitted using the editing functionality made available on our website.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful in accordance with UK law, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

infringe any right of confidence, right of privacy or right under data protection legislation;

be in breach of official secrets legislation;

be in breach of any contractual obligation owed to any person;

Report abuse

If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

You can let us know about any such material or activity by email.

Limited warranties

We do not warrant or represent:

the completeness or accuracy of the information published on our website;

that the material on the website is up to date;

or that the website or any reports, services or tools provided by the website will remain available.

We reserve the right to discontinue or alter any or all of our website tools and services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website tools and services, or if we stop publishing the website.

To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

limit or exclude any liability for death or personal injury resulting from negligence;

limit or exclude any liability for fraud or fraudulent misrepresentation;

limit any liabilities in any way that is not permitted under applicable law;

or exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:

are subject to Section 15.1;

and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our website and the information, tools and services on our website are provided we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control or for any actions taken by you as a result to information we provide regarding your website and content.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software or in respect of any special, indirect or consequential loss or damage.

We will use our best endeavours to ensure that all information that we provide to you in relation to our tools or services and to your website, including reports prepared by us and provided to you or your associates, is correct to the best of our knowledge at the moment of preparation however we make no warranties for the accuracy of the data.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Our aggregate liability to you in respect of any contract to provide tools or services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

send you one or more written warnings (by post or email);

temporarily suspend your access to our website;

permanently prohibit you from accessing our website;

block computers using your IP address from accessing our website;

commence legal action against you, whether for breach of contract or otherwise;

suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.

Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trade marks

First Look Games, First Look Limited, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

These terms and conditions are available in the English language only.

The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.[ The online dispute resolution platform may be used for resolving disputes.]

Our details

This website is owned and operated by First Look Limited.

We are registered in England and Wales under registration number 11629387, and our registered office is at 175 High Street, Tonbridge, United Kingdom, TN9 1BX.

You can contact us by going through our Contact Us page, using the contact form published on our website from time to time.

First Look Games was set up in 2018 to provide the link between game developers and iGaming affiliates and publishers, providing game information and content about latest releases and full game libraries before anybody else. Great news for affiliates... great news for game developers.

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